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CA chapter 7, if debtor's name is on a home paid for by other people & she doesn't live there, will she be able to explain ?
Matthew's answer
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Answered on October 20, 2013
The first question that should be asked is related to exemptions. Can the debtor exempt her portion of the equity. If so, she doesn't need the...
Archived
Is there anyway to NOT acquire the other persons debt when you marry them? Such as owed money to the IRS???
Matthew's answer
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Answered on October 20, 2013
As a general rule, a soon to be spouse does NOT become liable for the other spouse's debt that was incurred prior to marriage.
If the only debt...
Archived
Can I sue bankruptcy trustee for breach of contract
Matthew's answer
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Answered on October 20, 2013
Generally, trustees are immune from direct lawsuit. You might have some recourse, but it would be helpful to know why the trustee backed out....
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Can chapter 7 bankruptcy discharge excise taxes owed to the MA DOR?
Matthew's answer
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Answered on October 19, 2013
On the general matter of when excise taxes become dischargeable in bankruptcy, they are subject only to the 3 year rule. The 3 years starts either...
Archived
I want to sue my Chp. 7 Lawyer or can I appeal the Trustee because Im worse off now.
Matthew's answer
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Answered on October 19, 2013
No one here can really say what the situation is because we would need more information about this "investment." As for malpractice, based on the...
Archived
I am being sued by a debt collector can i file a motion to dismiss before i file any answers?
Matthew's answer
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Answered on October 18, 2013
You "can" file a motion to dismiss, but based on what you described, you have a very thin (weak) argument for dismissal. You are raising...
Archived
Do I need a lawyer again to file a different bankrupt. I file chapter 13, but the bank want me to file chapter 7 in order for
Matthew's answer
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Answered on October 18, 2013
That makes no sense. What chapter of bankruptcy you filed has no bearing on refinance. Go speak to a mortgage broker.
Archived
Can I dispute a debt based on promissory estoppel or at least negotiate the amount collectable?
Matthew's answer
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Answered on October 18, 2013
You can "dispute" a debt until you're blue in the face, that is not going to get you anywhere. Promissory Estoppel is a concept that must be raised...
Archived
I did a voluntary repossession on a vehicle during a bankruptcy in 2006. The bank never picked up the truck.
Matthew's answer
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Answered on October 18, 2013
A bankruptcy doesn't surrender ownership. The debtor states his "intent" to surrender, but the bank still needs to repo the vehicle. 7 years is a...
Bankruptcy lawyer advised mother not to pay any bills, even funeral costs. Was that wrong?
Matthew's answer
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Answered on October 18, 2013
The funeral home bill is a debt like any other. It has no special status in bankruptcy. The issue is when the debt was incurred/matured. If your...
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